Suspension of Immigration Visa Issuance for 75 Countries Based on Public Charge Reassessment

Effective January 21, the U.S. Department of State will indefinitely suspend the issuance of immigrant visas for nationals of 75 countries while it re-evaluates its procedures for adjudicating visa eligibility under the public charge ground of inadmissibility. The public charge analysis requires an assessment of whether an applicant is likely to rely on U.S. government financial assistance at any point in the future.

The suspension applies to nationals of the countries listed below:

Afghanistan, Albania, Algeria, Antigua and Barbuda, Armenia, Azerbaijan, Bahamas, Bangladesh, Barbados, Belarus, Belize, Bhutan, Bosnia and Herzegovina, Brazil, Burma, Cambodia, Cameroon, Cape Verde, Colombia, Cote d’Ivoire, Cuba, Democratic Republic of the Congo, Dominica, Egypt, Eritrea, Ethiopia, Fiji, The Gambia, Georgia, Ghana, Grenada, Guatemala, Guinea, Haiti, Iran, Iraq, Jamaica, Jordan, Kazakhstan, Kosovo, Kuwait, Kyrgyz Republic, Laos, Lebanon, Liberia, Libya, Moldova, Mongolia, Montenegro, Morocco, Nepal, Nicaragua, Nigeria, North Macedonia, Pakistan, Republic of the Congo, Russia, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Sierra Leone, Somalia, South Sudan, Sudan, Syria, Tanzania, Thailand, Togo, Tunisia, Uganda, Uruguay, Uzbekistan, and Yemen

Many of the listed countries are already subject to full or partial travel bans. Accordingly, the practical impact of the suspension may be limited for those nationals, as immigrant visas for applicants from travel-ban countries are generally issued only in rare cases where a travel ban exception is granted.

Dual nationals applying for an immigrant visa using a passport from a country not listed above are exempt from the suspension.

During the suspension period, affected applicants may continue to submit immigrant visa applications and attend scheduled interviews, and interviews will continue to be scheduled. However, immigrant visas will not be issued while the suspension remains in effect.

The duration of the immigrant visa issuance suspension and the scope of any revised public charge guidance remain uncertain. Immigrant visa applicants from affected countries should closely monitor communications from the State Department, as application processing will continue notwithstanding the pause in visa issuance.

Non-immigrant visa applicants from the affected countries should also be aware that heightened public charge scrutiny may be applied to their cases, although no suspension of non-immigrant visa issuance has been announced.

This alert is provided for informational purposes only and does not constitute legal advice. It is not intended to create, and receipt does not establish, an attorney-client relationship. For assistance, please contact attorney Izidora Levi at [email protected].

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